Residents testify against Palmetto Landfill Attorney to determine if the dump can double the amount of garbage it accepts

Wednesday

May 17, 1995 at 12:01 AM

COLUMBIA - A group of Spartanburg County residents traveled here Tuesday to tell a hearing officer they live with constant dust, traffic and nauseating odors caused by the Palmetto Landfill.

The testimony began what will be four days of hearings on whether the landfill should be allowed to double the amount of garbage it accepts each year. The landfill owner, Waste Management, argued that it has a clear need for the increase and has met all the legal requirements to obtain it. The hearings are being conducted by an independent hearing officer appointed by the state Department of Health and Environmental Control. DHEC has already given the landfill permission to increase its flow of trash from 574,000 tons per year to 1.2 million tons per year, but people who live near the landfill appealed that decision. As a result, DHEC appointed Lexington attorney Lex Rogerson to listen to both sides and recommend a solution. Tuesday's hearing opened with some of the opponents telling how the landfill has hurt their lives. "Our community is a nightmare. My home is a nightmare," said Kay Norris, one of about 10 residents who attended the hearing. She has lived in the neighborhood since 1946 and said she watched the landfill grow from a small dump in 1978 to a mountain of trash. "It is the worst possible place you could put a landfill," said Gary Poliakoff, an attorney representing the residents. "When you double the daily intake, you double the odor, you double the dust and you double all the other problems." But James Potter, an attorney representing Waste Management, said most of the complaints have to do with zoning, not the tonnage rate. Spartanburg County has no zoning to prohibit landfills from being next to houses. Potter said the increased tonnage is justified under the state's rules and regulations. In addition, he argued that Waste Manage ment is doing everything possible to prevent problems at the landfill. It is required to follow detailed regulations and routinely submits to DHEC inspections. "This is one of the most highly regulated activities in the state of South Carolina," Potter said. The staff attorney for DHEC, Nancy Layman, also argued in favor of the increased tonnage rate. "Basically, garbage smells," Layman said. It's a problem no matter where it is placed, yet it must be placed somewhere, she said. "We all believe it should be disposed of, but we also believe it should not be disposed of anywhere near us." Poliakoff said Waste Management hasn't proven, as required by state law, why it needs the increase. He said the landfill can handle all the trash produced from cities, towns and businesses in South Carolina without an increase. The landfill only needs an increase to take waste from out of state, he said. The landfill is already taking trash at the doubled rate of 1.2 million tons a year, even though it does not have permission to do so. It stepped up its intake last year, but DHEC decided not to object until the current debate is resolved. The landfill is expected to reach its 574,000-ton limit by mid-summer. If it is denied the increase, it might have to stop taking trash for the rest of the year. Several residents testified that the problems at the landfill have gotten worse in the last year since the landfill started taking in more trash each day. "If you open the door, the odor meets you," said Nazareth Road resident Etta Collins. "That really frustrates me, because you cannot go outside." Emotion choked her voice as she described being embarrassed to invite friends and relatives to her home for cookouts because of the odor. "That hurts, because I have worked hard to have a nice place to live," Collins said. The hearing is yet another round of debate in a string of legal battles that began more than two years ago. The landfill recently won another part of that battle when DHEC granted it permission to expand from 100 acres to 270 acres. The residents' group has filed a separate appeal on that matter. The hearings are expected to last through Friday. Rogerson is required to make a recommendation to the DHEC Board of Commissioners, which has final say in the matter.

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